Gray t/as Clarence Valley Plumbing v Ware Building Pty Ltd [2012] NSWCA 438

Gray t/as Clarence Valley Plumbing v Ware Building Pty Ltd [2012] NSWCA 438

Special circumstances for security for costs were established due to the appellant’s absence at trial; an order for security in the sum of $10,000 was justified. A stay of execution of judgment was warranted, balancing interests, upon the undertakings offered and provision of security.

Jurisdiction
Australia
Judgment Date
10 December 2012
Procedural Posture
Interlocutory Application (court of Appeal) / Application for Security for Costs and for Stay of Execution of Judgment Pending Appeal
Outcome
Applications for security for costs and stay of execution both granted with conditions.
Legal Topics
['security for Costs' 'stay of Execution' 'appeal Procedure' 'procedural Fairness' 'order for Security' 'impecuniosity']
['practice and Procedure'] ['security for Costs' 'stay of Execution' 'appeal Procedure' 'procedural Fairness' 'order for Security' 'impecuniosity']

Case Brief

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Procedural Posture

Interlocutory Application (court of Appeal) / Application for Security for Costs and for Stay of Execution of Judgment Pending Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant security for costs on appeal' "Whether the appellant's financial situation or personal circumstances should preclude an order for security" 'Whether stay of execution of judgment should be granted pending appeal']

Ratio Decidendi

Special circumstances for security for costs were established due to the appellant’s absence at trial; an order for security in the sum of $10,000 was justified. A stay of execution of judgment was warranted, balancing interests, upon the undertakings offered and provision of security.

Court Disposition

Applications for security for costs and stay of execution both granted with conditions.

Orders

  • ['Applicant to provide security for costs of appeal in the sum of $10,000 within 14 days, by payment into court or other acceptable form; appeal proceedings stayed pending provision of security.' 'Order staying execution of judgment below, conditional on undertakings by Mr Gray and his wife not to dispose of or...